§ 16-147. Definitions.
For the purpose of this article, the following words and combinations of words shall have the meanings ascribed thereto in this section:
Board: The fair housing board created in division 2 of this article.
Discriminatory housing practice: Any act that is unlawful under this article.
Elderliness: An individual who has attained his or her fifty-fifth birthday.
Familial Status: One (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with (i) a parent or other person having legal custody of such individual or individuals; or (ii) the designee of such parent or other person having custody with the written permission of such parent or other person. The term "familial status" also includes any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. For purposes of this section, "in the process of securing legal custody" means having filed an appropriate petition to obtain legal custody of such minor in a court of competent jurisdiction.
Family: One (1) or more individuals, whether male or female.
Handicap: With respect to a person, (i) a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, (ii) a record of having such an impairment, or (iii) being regarded as having such an impairment. The term does not include current, illegal use of, or addiction to a controlled substance as defined by Virginia or federal law. Neither the term "individual with handicap" nor the term "handicap" shall apply to an individual solely because that individual is a transvestite.
Housing: Any building, structure, facility or portion thereof, located in the city, that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one (1) or more individuals, groups or families; and any vacant land located in the city offered for sale or lease for the purpose of constructing or locating such building, structure or facility; including any interest in housing, as so defined, fee simple, leasehold or other.
Housing for older persons: Housing (i) provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (ii) intended for and solely occupied by persons sixty-two (62) years of age or older; or (iii) for, and solely occupied by at least one (1) person fifty-five (55) years of age or older per unit. The following criteria shall be met in determining whether housing qualifies as housing for older persons under clause (iii) of this subsection:
(1)
At least eighty (80) percent of the occupied units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and
(2)
The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older.
Housing shall not fail to meet the requirements for housing for older persons by reason of:
(1)
Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of clauses (ii) and (iii), provided that new occupants of such housing meet the age requirements of those clauses; or
(2)
Unoccupied units, provided that such units are reserved for occupancy by persons who meet the provisions of clauses (ii) and (iii).
Lending institution: Any bank, insurance company, savings and loan association or any other entity or person regularly engaged in the business of lending money or guaranteeing loans.
Marital status: One (1) or more individuals, male or female, whether married or single.
Person: One (1) or more individuals, whether male or female, corporations, partnerships, associations, labor organizations, fair housing organizations, civil rights organizations, governmental entities, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
Person in the business of building, developing, selling, renting or leasing housing: Any person who, within the preceding twelve (12) months, has participated, as principal or real estate broker, real estate salesman or rental agent, in three (3) or more transactions involving the sale, lease or rental of any housing.
Personal residence: A building or structure containing living quarters occupied or intended to be occupied by no more than four (4) individuals, four (4) groups or four (4) families living independently of each other, and used by the owner thereof as a bona fide residence for himself and any member of his family forming his household.
Real estate broker: A person doing business in the city who is the holder of a real estate broker's license issued pursuant to article 1 of chapter 21 of title 54.1 of the Code of Virginia.
Real estate salesperson: A person doing business in the city who is the holder of a real estate salesperson's license issued pursuant to article 1 of chapter 21 of title 54.1 of the Code of Virginia.
To rent: To lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(Code 1956, Tit. XV, Ch. 8, §§ 1, 4; Ord. No. 36635, § 1, 3-1-04)
(Code 1956, Tit. XV, Ch. 8, §§ 1, 4; Ord. No. 36635, § 1, 3-1-04)